AAC F A M I L Y & F R I E N D S » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » Same-sex marriage lawsuit lingers in civil process
ByBrandy McAllister AACRMS counsel
M. Kendall Wright, et al v. State of Arkansas, et al Tere is an ongoing civil suit brought by multiple plaintiffs who
are seeking either an Arkansas marriage license to be issued to them as same-sex couples or who are seeking recognition of their same-sex marriage from another state or country, by the State of Arkansas. Te crux of their complaint provides that Amendment 83 to the Arkansas Constitution which bans same-sex marriages in the state is unconstitutional. Tere are seven different grounds raised in order to assert the claim of unconstitutionality: Amendment 83 is a violation of Arkansas Constitution, Art. 2 Sec. 29; the Amendment allows the deprivation of due process (fundamental right to marry; the Amendment deprives due process (denial of autonomy, family pri- vacy, and association); the amendment deprives same-sex couples of their liberty interest in valid marriages; the amendment deprives same-sex couples of the fundamental right to travel; the amend- ment deprives same-sex couples of equal protection based on sexual orientation; and the amendment deprives same-sex couples equal protection based on sex. Te defendants in the case include
Nathaniel Smith, MD, MPH who is the interim director of the Arkansas Department of Health (included based on his duty to furnish forms for application of marriage laws); Richard Weiss who is the Director of the Arkansas Department of Finance and Administration (included based on his duty for accepting or refus- ing to accept tax returns filed by Arkansas residents and non-resi- dents); the following County Clerk’s are included as defendant’s in the suit based on their duty to issue marriage licenses, Larry Crane who is the Pulaski County Circuit and County Clerk; Cheryl Ev- ans who is the White County Clerk; William “Larry” Clarke who is the Lonoke County Clerk; Debbie Hartman who is the Conway County Clerk; Doug Curtis who is the Saline County Clerk; Me- linda Reynolds who is the Faulkner County Clerk; Becky Lewallen who is the Washington County Clerk; and Patricia Navarro who is the spouse of Plaintiff Arica Navarro (lawfully married under the laws of the State of New York). All plaintiff’s in the case filed respective motions to dismiss. On
Dec. 12, 2013 there was a hearing held before the Honorable Judge Chris Piazza to hear arguments on the defendants’ individual mo- tions to dismiss. On Dec. 19, 2013 an order was given denying all motions to dismiss as well as denying the plaintiffs’ motion for preliminary injunction.
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